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July 15, 2024 Page 51 City of San Leandro/ACI Franchise Agreement Environmental Response, Compensation and Liability Act, CERCLA, 42 USC. §9607(e) and California 2029 Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify City from liability. 2030 This provision is in addition to all other provisions in this Agreement and shall survive the expiration 2031 or earlier termination of this Agreement. 2032 G. Measure D. Contractor shall indemnify, defend and hold harmless City, its officers, employees, 2033 agents, and volunteers, from and against any revenues withheld by the Alameda County Source 2034 Reduction and Recycling Board in the event the Source Reduction and Recycling goals or any other 2035 requirement of Section 64 of the Alameda County Charter (commonly known as Measure D) are not 2036 met by the Contractor with respect to the Recycling and Source Reduction programs under this 2037 Agreement and such failure is due to the failure of Contractor to meet its obligations under this 2038 Agreement or due to Contractor delays in providing information that prevents Contractor or City 2039 from submitting reports required by Measure D in a timely manner. 2040 9.2 INSURANCE 2041 A. General Requirements. Contractor shall, at its sole cost and expense, maintain in effect at all times 2042 during the Term of this Agreement not less than the following coverage and limits of insurance 2043 described in this Section 9.2. 2044 B. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all times 2045 maintain, at its expense, the following coverages and requirements. The comprehensive general 2046 liability insurance shall include broad form property damage insurance. 2047 1. Minimum Coverages. Insurance coverage shall be with limits not less than the following: 2048 Comprehensive General Liability – $10,000,000 combined single limit per occurrence for 2049 bodily injury, personal injury, and property damage. 2050 Automobile Liability – $10,000,000 combined single limit per accident for bodily injury and 2051 property damage (include coverage for hired and non-owned vehicles). 2052 Workers’ Compensation – Statutory Limits/Employers’ Liability - $1,000,000/accident for 2053 bodily injury or disease. 2054 Employee Blanket Fidelity Bond – $500,000 per employee loss covering dishonesty, forgery, 2055 alteration, theft, disappearance, and destruction (inside or outside). 2056 Pollution Legal Liability – $5,000,000 for bodily injury, property damage, and remediation of 2057 contaminated site. 2058 2. Additional Insured. City, its officers, agents, employees, and volunteers shall be named as 2059 additional insured on all but the workers’ compensation and professional liability coverages. 2060 3. Said policies shall remain in force through the life of this Agreement and, with the exception 2061 of professional liability coverage, shall be payable on a “per occurrence” basis unless City’s 2062 Risk Manager specifically consents in writing to a “claims made” basis. For all “claims made” 2063 coverage, in the event that the Contractor changes insurance carriers, Contractor shall 2064 purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of 2065 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A